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225w ago - Update #5: According to ArsTechnica via Groklaw, GeoHot and Sony now share same charge as a result of a PS3 OtherOS class-action lawsuit.

To quote: "One of Sony's defenses is rather interesting, as the company claims that it had no way of knowing gamers who bought the hardware would want to use these functions for the life of the system, and the multiple warranties and Terms of Service all said that Sony had the right to remove functions from the hardware."

Update #4: The latest documents reveal Judge Susan Illston has denied Sony's request for expedited discovery, essentially meaning Sony can't send out the subpoenas to other PS3 hackers mentioned previously, however, Wired reports Sony is now preparing to inspect GeoHot's hard drive.

Update #3: GeoHot has now updated his site with the following, to quote: "As of 2:00 PM EST, 1/14/2011, I am not subject to any TROs" followed by legal documents citing a request for dismissal by lawyers representing George Hotz and concluded with more legal documents now granting Sony the TRO although according to Arstechnica.com GeoHot laywers are now filing a motion to dismiss the TRO.

So, although there is still a court case to go through essentially what this means is US District Judge Susan Illston denied the temporary restraining order telling Sony to prove their case first, leaving the burden of proof upon them while Sony documents now allege George Hotz has a PSN account.

Update #2: Some videos of GeoHot on G4's Attack of the Show which aired at 7PM EST tonight are now available below, with his motion for temporary restraining order rescheduled for Friday, January 14, 2011 at 9:00 am.

Update: While Engadget now classifies the legal action as a restraining order as GeoHot hires a lawyer from Ettorney Law who previously won big cases against the RIAA and MPAA, Research Professor of Computer Science David S. Touretzky at Carnegie Mellon University has now mirrored the GeoHot file archive calling the bluff of Sony's legal team.

It appears infamous PS3 hacker GeoHot aka George Hotz is now in hot water himself along with 27C3 lecturers and fail0verflow members Marcan aka Hector Martin and sven aka Sven Peter and 100 John Does, as posted on IRC and his site Sony Computer Entertainment has now filed suit against him.

Charges include:

•18 U.S.C. 1030(a)(2)(C) - Confidential Information On Computer
•18 U.S.C. 1030(a)(4) - Intent To Defraud And Obtain Value
•18 U.S.C. 1030(a)(5)(A) - Knowing Transmission of Code
•18 U.S.C. 1030(a)(5)(B) and (C) - Intentional and Reckless Damage And Loss
•18 U.S.C. 1030(a)(6)(A) - Trafficking in Password
•18 U.S.C. 1030(a)(7)(B) - Intent to Extort

To quote from his site: "As of 1/11/2011 7:20 PM EST, I have been served with papers, see below...

Motion For TRO
Proposed Order
Complaint

old front page, with relevant info removed, is here

contact me geohot ... gmail

any legal fund donation things you see are 100% fake as of now, don't get scammed"

Sony claims to have sent GeoHot a $1 donation for his PS3 hacking work, and from the legal docs, to quote: "Upon information and belief, Defendant George Hotz is bound by the Playstation Network Terms of Service and User Agreement (the PSN User Agreement), 14 of which states in relevant part that both parties submit to personal jurisdiction in California and further agree that any 23 dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California.

The FAIL0VERFLOW Defendants intentionally circumvented SCEA's TPMs, accessed the PS3 System and trafficked in Circumvention Devices and SCEA's proprietary information, with full knowledge that their unlawful conduct would irreparably harm SCEA.

Indeed, five days prior to appearing at the Chaos Conference, Bushing echoed a fellow hacker comment anticipating this irreparable harm: Last chance to sell any Sony stock you may have.

By distributing the Circumvention Devices discussed herein, Hotz has caused irreparable injury and damage to SCEA. Russell Decl. at 9-10. Recognizing the harmful impact of his unlawful conduct on SCEA and attempting to leverage his circumvention activities, Hotz addressed SCEA when he posted the Metldr Keys. Bricker Decl. at 22, Exh. U.

In an attempt to obtain employment, he wrote: "if you want your next console to be secure, get in touch with me." Id.

Furthermore, in a January 6, 2011 interview with the BBC, Hotz acknowledged that his conduct will catalyze the piracy of video games: "I hate that it enables piracy." Id. at 27, Exh. Z.

Despite feigning disturbance resulting from the proliferation of piracy, Hotz then went on to release 3.55 Firmware JailBreak and the Signing Tool - both components of Circumvention Devices that are designed to facilitate videogame piracy.

Finally, SCEA will likely prevail on its claim under 1030(a)(7)(B), which prohibits intent to extort from any person any money or other thing of value by threatening to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access. Hotz violated this provision when, in the same post in which the published SCEA's Keys, he attempted to obtain from SCEA thing of value in the form of employment: if you want your next console to be secure, get in touch with me."

PSX-Scene has also posted some additional court documents and the following, to quote: "My Wikileaks Fax machine just finished dumping the finished E-filings for today by Sony, with the official Court Stamp and Signings, and included now is what SCEA wants to claim in damages and their reasons, and dates of when the info was released by Team Fail0verflow and Geohot and various other info like sharing of work via twitter, posting youtube videos, etc."

From Marcan42: "Ah, so Sony decided to sue everyone under US law. Guess I won't be visiting the US in a while..."

From fail0verflow: "Looks like Sony decided to ignore the facts and sue us all for it. See http://geohot.com/."

GeoHot on IRC: (IPs/other users/etc removed)

geohot: http://geohot.com/
geohot: they expect me to be in SF tomorrow at 9am :/
geohot: they also say i am taking donations, which i am not
geohot: and that i have a twitter, which i do not
geohot: moving to spain :P
geohot: old index page and jailbreak.zip has been restored to geohot.com
geohot: i assure you i am takely this matter very seriously
geohot: after reading the documents and consulting with my legal team, i have decided to repost the information and jailbreak
geohot: the tro is proposed, not signed
geohot: if the court signs off on the tro, i will comply with the courts decision
geohot: whats ironic is the program to get the metldr key was run under otheros
geohot: 100% legally
geohot: on 3.15
geohot: nothing was circumvented





Sony Takes Legal Action Against Infamous PS3 Hacker GeoHot

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#192 - PS4 News - 217w ago
PS4 News's Avatar
Quote Originally Posted by RevCube View Post
Whatever happened to hackers being in the shadows behind the scenes. you got geohot on every damn tv show, yeah i did it yeah i did it thats why his dumbass is in court.

I think that era ended with Dark_AleX, which amazingly Sony never went after legally as far as I'm aware.

As you mentioned, GeoHot made himself an easy target for Sony through his media-seeking/attention-craving actions, but I'm sure he was well aware of the consequences before starting anyway. If he wanted to he could have done everything anonymously, but he wanted to make a name for himself.

#191 - Newbleeto - 217w ago
Newbleeto's Avatar
Quote Originally Posted by squarepusher2 View Post
Guess what - if a judge gives these kinds of privileges to Sony, then the deck is stacked and you KNOW you are under tyranny. You might as well forget about the whole Geohot-vs-Sony case - Sony is going to win - the 21st century in the West is just as authoritarian as the despots currently running Egypt or Libya - with the only difference being that the dumbass public actually believes they're free as opposed to these folks...

^ ditto

#190 - RevCube - 217w ago
RevCube's Avatar
what puzzles me is that how come sony didn't go after psjailbreak in this manner? and i figured it out. this is what happens when you try to humiliate a multibillion dollar corperation. They sick the hell hounds on you. stupidass fail overfl0w, bunch of geeks trying to look cool basically tried to embarrace sony. The manner in which they conducted themselves at the hacker convention was totally uncalled for.

They were basically throwing it in sony's faces. that started the pissing off of sony. then that retard Geohot has to go and try to further embarrace them by saying if they want to make their system more secure then hire him. sony is even more pissed. I think the final straw was when that psn bypass prog was released called fckpsn. that was the final straw.

now sony is pissed off and they are going to show us that they got the money and money is power. why because of GLORY HOGS like geohot and fail OVERFLOW. they could have handled the releases in a more respectable manner.

Whatever happened to hackers being in the shadows behind the scenes. you got geohot on every damn tv show, yeah i did it yeah i did it thats why his dumbass is in court. think about it where are the lawsuits against PSJAILBREAK? the real reason all of this happened.

PS JAILBREAK never threw it in sonys faces. none of this would be possible withought psjailbreak but failoverflow acted like of they coulda done it at anytime yeah right nice timing with the release of psjailbreak. Now im just gonna sell my other ps3 i'll stay on OFW 356 and play my games online. how many ways do i need to play a nes emulator i can do that on my damn iphone F a JB PS3.

#189 - squarepusher2 - 217w ago
squarepusher2's Avatar
To quote: "A federal magistrate is granting Sony the right to acquire the Internet IP addresses of anybody who has visited PlayStation 3 hacker George Hotz' website from January of 2009 to the present.

Guess what - if a judge gives these kinds of privileges to Sony, then the deck is stacked and you KNOW you are under tyranny. You might as well forget about the whole Geohot-vs-Sony case - Sony is going to win - the 21st century in the West is just as authoritarian as the despots currently running Egypt or Libya - with the only difference being that the dumbass public actually believes they're free as opposed to these folks.

What this is also aiming at, is creating a 'chilling effect' - oh they can get my IP address EVEN if I just download the file - I better not go and do that anymore!!'.

Pathetic. This is how you train herds - not people. People - go grow some goddamn dignity and don't let yourself get cowered by bullshit like this - because that's what it is - it's bullshit and what people are doing is PLAYING RIGHT INTO SONY'S HANDS. That's what everybody is doing - yet making up dumb excuses about it such as 'Oh it's NOT WORTH IT being jailed over NES GAMES' like Mr. Wutan some time ago.

You don't seem to get that by you acqueiscing, you set the precedent for this company to do what the hell they want to do with you. Because trust me - there's more stuff coming down the line that will be far more hardcore than anything Sony throws at your way currently - and if this is the weak-kneed attitude of most of the 'scene' so far, then I only have to say - Good luck to ya, because you're going to need it. You might not even have enough 'cash' and 'savings' to be able to buy all the electricity needed to maintain your hacking hobby/occupation in the future what with the smart meters coming in.

They can always count on the schmuck public to just fall in line like this and still pretend to themselves they're 'free' and have 'rights' - meanwhile, they TAKE those rights from you and you even consent to it while making excuses about the fact that you don't like surrendering those rights while you know damn well in your soul you just surrendered those rights to them and let them do it.

#188 - Breach - 217w ago
Breach's Avatar
Visiting a website (geohotz) and/or downloading a file (jailbreak.zip) does not prove anyone did anything wrong. They would need to prove intent. And they can assume why you visited a site or why you downloaded a file, but they can not prove intent. I am sure many people downloaded it out of curiousity and nothing more.

Walking into a bank with a Obama mask on is not illegal either, unless you demand some money (thus proving intent).

#187 - PS4 News - 217w ago
PS4 News's Avatar
Quote Originally Posted by leukotic View Post
I wonder how much longer until Sony starts to target this site and others like it.

They already have, but to date it's been through standard DMCA notices requesting the removal of cited files. However, like they are doing to other sites there is nothing stopping Sony from getting a subpoena for user IPs/ISPs, filling in John Does 1-100 in lawsuits, etc.

It boggles my mind why, after all that has already taken place, people are still needlessly jeopardizing their lives releasing PS3 hacks/CFW/MFW/decrypters/keys/etc under nicknames linked to info on Facebook, Twitter, IRC, etc versus remaining completely anonymous, and worse yet, some are collecting money which is just handing Sony more evidence on a silver platter to use against them in substantiating their case.

Remember this is just the beginning phase, and while everyone hopes things settle down soon unfortunately it will likely get worse before getting better.

#186 - condorstrike - 217w ago
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lol, this would be funny if it wasn't so wrong, can Geo's attorneys appeal against it. this is a really low blow, no wonder the trial is in California...

#185 - leukotic - 217w ago
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I wonder how much longer until Sony starts to target this site and others like it. I am actually surprised this place is still running.

Well, what comes around goes around, Sony can only push people so far.

#184 - daveshooter - 217w ago
daveshooter's Avatar
Wootzy, unless your downloading anything to do with minors or terrorism, I wouldn't worry. As gygabyte666 said it's Bull. Even if they have your details, they have to prove it was you.

#183 - gygabyte666 - 217w ago
gygabyte666's Avatar
I have to agree with most everyone else. This is total BS. No one should have access to sites that you visit. Console Logs will always exist in case of issues for troubleshooting or what have you but those logs should NOT contain sensitive information. I consider IP addresses private/sensitive but let's face it, they really aren't.

Every site keeps track of them but there should be limitations on how they are allowed to be used. Poor move Sony. Let it go, people will always 'hack' things for the challenge of it. Even the new 'hack-proof' PS3 will get softmodded eventually. They just keep pushing this crap more and more.